In General

By accepting our web hosting services, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not sign up with us.

(we, our, us = Narooma Online)

Terms & Conditions

Web Site Content

We are not obliged to monitor the content of your web sites. You hereby acknowledge that if we are made aware of content that is determined to be, in our sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Narooma Online has the right, but not the obligation, to edit, remove or deny access to such content. We may disclose any content or records concerning a customer's account as required to satisfy any legal requirement, regulation, government request or court order.

Pornography and sex-related merchandising are expressly prohibited on our servers. This includes sexual content, or any link to adult content anywhere else. This is also true for sites that promote illegal activity of any type or content that may be damaging to our servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily be limited to:

• Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.

• Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).

• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.       

• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

System Security

Customers may not use our Networks to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Use of CGI Scripts

Some of our packages come equipped with a pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. If any CGI-scripts are deemed to be adversely affecting the server performance or the network integrity, they may be shut down without prior notice. CGI-script sharing with domains not hosted by us is not allowed.

Excessive Resource Usage

Any web site that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resources used to an acceptable level. Upgrading may or may not include the installation of a dedicated server for the site allowing other domains to gain access to server resources. The cost of a dedicated server will be borne by the client and at the termination of services the hardware will remain property of client.

Bandwidth & Data Transfer

Each account has an agreed Data Transfer of 1 Gigabyte per month. Data Transfer is the amount of data transmitted your domain or account (POP3, SMTP, Shell, HTTP, FTP) and is accumulated.  While the accumulation carries over each month, for tracking purposes only Data Transfer for the current billing cycle  is counted towards the allowable limit - essentially you start at 0GB at the beginning of your billing cycle.

If a customer goes over the 1GB monthly allowance an additional fee of $0.17 per megabyte over the agreed allowance will be payable. Failure to pay for excessive bandwidth will result in either suspension of the account or cancellation of services. This limitation on bandwidth is standard with all providers including our upstream provider - therefore we pay for excessive usage as well.

Programs Running in Background

Background programs are prohibited unless prior approval is received from Narooma Online. We will consider requests on a one for one basis. Extra charges will be assessed based on resource requirements or system maintenance.

Spamming Not Permitted

You must not use any Narooma Online Networks, Narooma Online’s equipment or any email address maintained on our servers in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of our Network, equipment or any hosted email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

When any customer is found to have been engaged in spamming in violation of this agreement, We reserve the right to disable that customer's web site without warning. In addition, we may impose a $200 penalty for each spam policy violation. We solely reserve the right to refuse or cancel service to spammers. We reserve the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Copyrights and Infringement

Material available to you when using our services may be subject to protection under copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, you must not use our Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, that you access or receive through the Network. If you use a domain name in connection with the Narooma Online Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation Prohibited

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service

We reserve the right at our sole discretion to refuse or cancel service. Violation of any of Narooma Online Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Cancellation of Service

Domain Name Registrations:

All domain names can be cancelled within the first 3 days of registration. All fees will be fully refunded. After 3 days we are not able to cancel and refund the domain name registration or renewal.

Web Hosting Services

You may cancel your services at any time however no refund for unused services will be provided.

Cancellation Process

To cancel services you must request cancellation in writing. This allows us to verify your details before cancellation. We cannot accept cancellation via phone or email.

Narooma Online to be Held Harmless

Customer agrees that it will protect, indemnify, save and hold Narooma Online harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable legal fees assessed against us, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold us, harmless against liabilities arising out of;

• Aany injury to person or property caused by any products sold or distributed in association with Narooma Online Services;

• Any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;

• Copyright violation and any defective products sold to a customer via our Services.

Disclaimer

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by Narooma Online, and or their employees. We reserve the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

Narooma Online furthermore expect that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, we wish to emphasis that in accepting services, customers indemnify Narooma Online for the violation of any law or Narooma Online policy that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against us, plus costs and reasonable legal fees.

Should any portion of this Terms of Use Agreement be found to be in violation of any law in any locality, then this agreement shall be deemed to be modified only to the extent necessary to be considered legal and enforceable in such locality only.

Provision of "robots.txt" files

All web sites hosted by us will provide a "robots.txt" in the root folder for their domain to ensure that search engines and other web bots are directed within your sites correctly.

Billing Period